McLear v. Balmat
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Northern Ore Company and others, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of St. Lawrence on the 5th day of May, 1920, adjudging the partition and sale of certain real property.
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Appeal by the defendants, Northern Ore Company and others, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of St. Lawrence on the 5th day of May, 1920, adjudging the partition and sale of certain real property. Also an appeal by the said Northern Ore Company from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of St. Lawrence on the 10th day of May, 1920, denying said defendant’s motion for leave to pay a tender of $500 into court, and to amend its answer by alleging that…
1Opinion of the Court
John M. Kellogg, P. J.:
The judgment in this partition action directs the sale and distribution of the proceeds of the mineral rights reserved *829in the John D. Bahnat farm, of about 169 acres, in the town of Fowler, N. Y. Concededly an actual partition cannot be had. The appellants, the pulp and talc companies, feel aggrieved because the sale is free from their so-called leases of the talc, talcous rock and soapstone, or similar substances; the ore company complains because its so-called leases and options to purchase the other mineral rights were ignored, the court holding that the tender of…
2Cases cited12 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Cass v. . HigenbotamNew York Court of Appeals · 1885
- Freeson v. . BissellNew York Court of Appeals · 1875
- Aikman v. . HarsellNew York Court of Appeals · 1885
- Trustees of Hamilton College v. RobertsNew York Court of Appeals · 1918
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- All-State Credit Corp. v. Listed in 669 Default JudgmentsAppellate Terms of the Supreme Court of New York · 1970
- In re the Estate of KearnsNew York Surrogate's Court · 1931
- McLear v. BalmatAppellate Division of the Supreme Court of the State of New York · 1928
- McLear v. BalmatNew York Supreme Court · 1927
- Diamond v. TalbotNew York Supreme Court · 1924
3 more not listed; retrieve them via the Exa API.